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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. According to the records, etc. on the Defendant’s appeal, the Defendant was sentenced to a fine of KRW 1.5 million on April 18, 2013 in the Jung-gu District Court Goyang Branch, which was sentenced to violence, etc., and filed a petition of appeal on the 22th of the same month. However, on May 21, 2013, the Defendant did not submit the appellate brief within 20 days of the deadline for submitting the appellate brief (the Defendant’s child I received the notification at the Defendant’s residence) even after receiving the legitimate notification of the receipt of the appellate brief from the court (the Defendant’s child I received the notification at the Defendant’s residence). Moreover, the appellate brief
Therefore, it is necessary to decide to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor declares the dismissal of an appeal for the following reasons, it is necessary to decide not to separately dismiss the appeal and also to declare the appeal by judgment.
2. Determination on the prosecutor’s appeal
A. The summary of the grounds for appeal (a.e., a fine of 1.5 million won) by the lower court is too unhued and unreasonable.
B. Although the defendant did not compensate for damage to the victim, the court below acknowledged the defendant's mistake in the court below, the defendant did not have the same criminal records, and the degree of injury suffered by the victim cannot be deemed to be very serious. In addition, considering the balance between the previous conviction and the case where the previous conviction were simultaneously sentenced at the time of the original adjudication in the concurrent crime relationship under the latter part of Article 37 of the Criminal Act, the defendant's age, character, character, family relation, environment, occupation, circumstances leading to the crime of this case, and circumstances leading to the crime of this case after the crime, the court below's sentence cannot be deemed to be unfair, and the prosecutor's allegation above is without merit.
3. In conclusion, the prosecutor's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.